Agricultural Produce (Cereals) Act, 1933
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Obligation to mill annually a percentage of home-grown wheat. |
29.—(1) As soon as may be after the commencement of every cereal year the Minister, after consultation with the Minister for Agriculture, shall make an order requiring that of the total amount of wheat required under the immediately preceding section to be milled during such cereal year in all mills which are licensed mills at the commencement of such cereal year a percentage to be fixed by such order shall consist of home-grown wheat, and the Minister may, after the like consultation, during such cereal year by a further order or orders vary the amount of such percentage, and the percentage fixed by an order or the last order made under this section in any cereal year shall for the purposes of this section be the appointed national percentage in respect of such cereal year. | |
(2) Subject to the provisions of this section every person who is the holder of a milling licence in respect of a mill which is a licensed mill at the commencement of any cereal year shall mill at such mill as part of the quota in respect of the quota year which is contemporaneous with such cereal year homegrown wheat of an amount not less than a percentage of such quota equal to the appointed national percentage in respect of such cereal year. | ||
(3) Any person (in this sub-section referred to as the undertaking miller) who is the holder of a milling licence in respect of a mill (in this section referred to as the undertaking mill) may undertake on behalf of another person (in this sub-section referred to as the liable miller) who is the holder of a milling licence in respect of another mill (in this sub-section referred to as the liable mill) to mill during any cereal year at the undertaking mill the whole amount of home-grown wheat required by the immediately preceding sub-section to be milled during such cereal year at the liable mill or a part of such home-grown wheat, and where any such undertaking is entered into the following provisions shall have effect, that is to say:— | ||
(a) if such undertaking relates to the whole of such home-grown wheat, the liable miller shall be exempt from the obligation imposed on him by the said sub-section in relation to such cereal year in respect of the liable mill; and | ||
(b) if such undertaking relates to a part of such home-grown wheat, the liable miller shall, so far as relates to such part, be exempt from the obligation imposed on him by the said sub-section in relation to such cereal year in respect of the liable mill; and | ||
(c) if the undertaking miller fails or neglects to comply with such undertaking such undertaking miller shall be guilty of an offence under this section; and | ||
(d) the liable miller shall, within fourteen days after such undertaking is entered into, send to the Minister full particulars of such undertaking, and if the liable miller fails to comply with this provision the liable miller shall be guilty of an offence under this section. | ||
(4) If the holder of a milling licence fails or neglects to perform the obligation imposed on him by sub-section (2) of this section, such holder shall, unless he is exempted from such obligation under the immediately preceding sub-section, be guilty of an offence under this section. | ||
(5) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act. | ||
(6) In fixing the appointed national percentage in respect of any cereal year the Minister shall have regard to the estimated quantity of millable wheat grown by registered wheat growers in Saorstát Eireann and available for sale in such cereal year. | ||
(7) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such order is passed by either such House within the next subsequent twenty-one days on which that House has sat after such order is so laid before it, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order. |